A Guide to Go to God, Petition 5 · Section 150 – Section 151
§. 150. Of going to Law.
Q. MAy a Chriſtian by Law exact his due debt, in caſe his debter be able, but wilfull, and refuſe to pay it?
A. Yea, he may. For publicke Magiſtrates and Iudges who hauehave power to determine caſes in Law,Rom. 13. 1. are of God. God hath appointed them, to force ſuch as are wilfull and obſtinate to do that which is iuſt and right, and to giuegive to euerie one his owne: yea and commanded his people in matters of controuerſie to ſtand to the determination of the Iudge.Deut. 17. 8. 9, 10, 11.
Obiect. S. Paul blameth the Corinthians for going to law one with another.1. Cor. 6. 1.
Anſw. Going to law is not there ſimply blamed and forbidden, but ſundry abuſes thereof. As,
1. Going to vnfit Iudges (whom the Apoſtle ſtileth vniuſt, Ver. 1, 6. foreign. Ver. 2. foreign. Ver. 5.and vnbeleeuers) and bringing Chriſtians before them.
2. Contending about ſmall matters, and meere trifles: euen about words, and light damages.
3. Too much forwardneſſe to Law. When Law is the firſt remedie that is vſed for getting that which a man conceiues to be his right. Many are ſo forward, that ſecretely without any notice giuen to the partie ſued, they will ſteale a iudgement.
4. Doing wrong themſelues.Ver. 8. Euen they who went to Law were wrong doers, as the Apoſtle ſaith, you do wrong. Many which do wrong to others, complaine, and commence ſuite in Law againſt thoſe to whom they do the wrong, to colour the wrong which themſelues do, and to get aduantage for doing the greater miſchiefe,
Q. In what caſes may Chriſtians go to Law?
A. 1.Deut. 17. 8. In matters of moment: which are too hard for priuate Chriſtians to decide.
2. When we hauehave to do with wilfull perſons, who will be brought to nothing, but what they are forced vntounto. Saint Paul hauing to do with ſuch,Acts 25. 11. was forced to appeale to Caeſar.
3. After all priuate meanes that we can thinke of hauehave bene vſed. So as Law muſt be vſed in the laſt place, as the laſt remedie. After one hath admoniſhed a brother ſecretly, yea and taken the helpe of ſome few friends,Math. 18. 15, 16, 17. and yet he remaineth obſtinate, Chriſt aduiſeth to tell ſuch as are in autoritie.
Prouided that all ſuites in Law be made in louelove.1. Cor. 16. 14. Let all your things be done in charitie. Many are of opinion that no man can go to Law in charitie. But they are groſly deceiued. For,
1. He that iuſtly and rightly goeth to Law at leaſt ſuppoſeth that he hath right on his ſide, and that the partie whom hee ſueth doeth wrong in that for which he is ſued. Now to bring a wrong-doer to do right, is a dutie, and fruite of louelove.
2. Suing in Law hath reſpect onelyonly to that particular thing which is in queſtion. But charitie extends it ſelfe to all things wherein one may be profitable to another. The man that in one particular ſeeketh to hauehave from another that which of right belongeth to himſelfe, may in all other things be readie to do what good he can to that other.
3 The manner of proſecuting a ſute of Law may be, as with all equitie, ſo with much tenderneſſe, mildneſſe, and compaſſion and ſo that very particular be done in louelove.
4. In a doubtfull caſe queſtioned in Law a man may bee ſo willing to ſtand to the ſentence of Law, as to bee content either way, whether it goe with him, or againſt him. Yea if it appeare that right be on his aduerſaries ſide, to bee glad that the Law hath diſcouered right euen againſt himſelfe. Doth not this ſhew much louelove? Wherefore though by the Apoſtles prohibition we are taught,1. Cor. 6. 1. &c. as much as may be, to forbeare Law, to ſuffer ſome loſſe, to beare with ſome wrong, and in ſome things to part with our right, yet on the forenamed grounds, and with the forenamed prouiſo, it is both lawfull and expedient to ſeeke the helpe of Law: the ends whereof are very good, as, To defend the innocent, to releeue the oppreſſed, to puniſh the euill doers, to decide doubts, to determine rights, and to giuegive euerie one their owne.
§. 151. Of Magiſtrates puniſhing wrong.
Q. MAy wrong done to a man be puniſhed?
A. Yea, by ſuch as hauehave authoritie. The Lord hath giuen to Magiſtrates, and ſuch as are in authoritie, the power which of right belongeth to them for this end,aRom. 13 4. Deut. 25. 1, 2. To puniſh euill doers. b1. King. 2. 31, 46.They that hauehave ſo done hauehave bene commended for it.c1. Sam. 3. 13. They who hauehave beene negligent therein hauehave themſelues beene puniſhed of God. He to whom the wrong is done may forgiue the wrong done, and yet the Magiſtrate puniſh him.
Q. May Magiſtrates puniſh wrong done to themſelues?
A. Yea alſo. For the office of a Magiſtrate may be diſtinguiſhed from his perſon. The wrong is done to his perſon, the puniſhment is taken by vertue of his place and office. The wrong for which Salomon commanded Adonijah to be ſlaine, and Abiathaer to be remoued from the Prieſthood was againſt himſelfe:Compare 1. King. 17. &c with King. 2. 24, 26, 31. and the particular occaſion which he tooke of putting Ioab to death, was conſpiracie with Ado…ijah againſt himſelfe.
Q. How then are Magiſtrates tied to forgiue their debters?
A. By being reſtrained from priuate reuenge. In which reſpect Dauid bleſſeth God for keeping him from reuenging himſelfe with his owne hand. 1. Sam. 25. 33.We muſt diſtinguiſh betwixt publicke iuſtice, and priuate reuenge. 1.fDeut. 17. 9. That ariſeth from iudgement: gGen. 4. 5.this from wrath. 2.h2. Cor. 4. 2. That is accompanied with louelove:iGen. 27. 41. this with hatred. 3.kRom. 13. 4. That is done in Gods name: this is a mans owne. All priuate reuenge, though no outward hurt, or wrong be done thereby, is a ſinne in the reuenging partie becauſe of the inward corruption whence it ariſeth. Much hurt may fall on a delinquent by publicke Iuſtice, and yet no ſinne in the execution thereof, becauſe it may ſtand with equitie, pitty, mercy, and charity: and it may aime at the good of the partie puniſhed: yea and turne to his good alſo. A malefactor may be accuſed, condemned, and puniſhed with ſtripes, fine, impriſonment, baniſhment, excommunication, death, or otherwiſe, and yet the bonds of merciemercy and louelove not tranſgreſſed. Thus may ſuites of law be made, and willfull or negligent debters caſt into priſon, as theſe are parts of publicke iuſtice, and yet the condition of the fift Petition not be violated, if anger, hatred, malice, reuenge and ſuch like corruptions taint not the foreſaid execution of Iuſtice.
The diſtinct points of the forenamed Condition hauing beene all handled, The maine ſcope and iuſt conſequence thereof is further to be conſidered.